§103D-710  Judicial review.  (a)  Onlyparties to proceedings under section 103D-709 who are aggrieved by a finaldecision of a hearings officer under that section may apply for judicial reviewof that decision.  The proceedings for review shall be instituted in thecircuit court of the circuit where the case or controversy arises.

(b)  An application for judicial review shallnot operate as a stay of the decision rendered under section 103D-709.

(c)  [Repeal and reenactment on July 1,2011. L 2009, c 175, §14(2).]  Within ten calendar days of the filing of anapplication for judicial review, the hearings officer shall transmit the recordof the administrative proceedings to the circuit court of the circuit where thecase or controversy arises.

(d)  The review shall be scheduled asexpeditiously as practicable.  It shall be conducted on the record of theadministrative proceedings, and briefs and oral argument.  No new evidenceshall be introduced, except that the circuit court may, if evidence is offeredwhich is clearly newly discovered evidence and material to the just decision ofthe appeal, admit the same.

(e)  [Repeal and reenactment on July 1,2011. L 2009, c 175, §14(2).]  No later than thirty days from the filing ofthe application for judicial review, based upon review of the record thecircuit court may affirm the decision of the hearings officer issued pursuantto section 103D-709 or remand the case with instructions for furtherproceedings; or it may reverse or modify the decision and order if substantialrights may have been prejudiced because the administrative findings,conclusions, decisions, or orders are:

(1)  In violation of constitutional or statutoryprovisions;

(2)  In excess of the statutory authority orjurisdiction of the chief procurement officer or head of the purchasing agency;

(3)  Made upon unlawful procedure;

(4)  Affected by other error of law;

(5)  Clearly erroneous in view of the reliable,probative, and substantial evidence on the whole record; or

(6)  Arbitrary, or capricious, or characterized byabuse of discretion or clearly unwarranted exercise of discretion;

provided that if an application for judicial reviewis not resolved by the thirtieth day from the filing of the application, thecourt shall lose jurisdiction and the decision of the hearings officer shallnot be disturbed.  All time limitations on actions, as provided for in section103D-712, shall remain in effect.

(f)  Any party aggrieved by the decision of thecircuit court may appeal in accordance with part I of chapter 641 and theappeal shall be given priority. [L Sp 1993, c 8, pt of §2; am L 1999, c 162,§8; am L 2001, c 251, §3; am L 2009, c 175, §10]

 

Case Notes

 

  Supreme court has jurisdiction under this section to reviewdecisions by hearings officer.  85 H. 431, 946 P.2d 1.